Kleerex Licensing Ltd/ICC Business Expansion Fund Ltd [1995] IECA 438 (23rd October, 1995)

Kleerex Licensing Ltd/ICC Business Expansion Fund Ltd [1995] IECA 438 (23rd October, 1995)

The notified agreement does not offend against Section 4(1) of the Competition Act, 1991 because it is necessary to safeguard the BES investment and does not have any direct effect on competition within the State.

Citation
[1995] IECA 438
Parties
Party to Agreement: Kleerex International Ltd; Party to Agreement: Carroll Products and Designs Ltd; Party to Agreement: Kleerex Licensing Ltd; Party to Agreement: Frank Carroll; Party to Agreement: Gerard Higgins; Party to Agreement: Aidan Mc Morrow; Party to Agreement: Industrial Credit Corporation plc; Party to Agreement: ICC Business Expansion Fund Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Law Notification/assessment / Decision/certification by Competition Authority
Outcome
Certificate issued that the agreement does not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Anti Competitive Agreements, Licensing, Undertakings, Investment Protection
Competition Law Anti Competitive Agreements Licensing Undertakings Investment Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Kleerex International Ltd

Party to Agreement

Carroll Products and Designs Ltd

Party to Agreement

Kleerex Licensing Ltd

Party to Agreement

Frank Carroll

Party to Agreement

Gerard Higgins

Party to Agreement

Aidan Mc Morrow

Party to Agreement

Industrial Credit Corporation plc

Party to Agreement

ICC Business Expansion Fund Ltd

Party to Agreement

Procedural Posture

Competition Law Notification/assessment / Decision/certification by Competition Authority

Legal Issues

  1. 1 Whether the notified licensing agreement offends Section 4(1) of the Competition Act, 1991 by preventing, restricting or distorting competition within the State.

Ratio Decidendi

The notified agreement does not offend against Section 4(1) of the Competition Act, 1991 because it is necessary to safeguard the BES investment and does not have any direct effect on competition within the State.

Court Disposition

Certificate issued that the agreement does not offend against Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the licensing arrangements agreement dated 15 February 1991 does not offend against Section 4(1) of the Competition Act, 1991.